Rule of Law and the Challenges Posed by the Pandemic PDF Download

Author: Rainer Arnold
Publisher: Springer Nature
ISBN: 3031398041
Category : Law
Languages : en
Pages : 266

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Book Description
The rule of law represents the heart of constitutionalism. Public power can only be legitimately exercised if it is based on and complies with the law. The Constitution and its fundamental values – human dignity, freedom and equality – are the ultimate sources of orientation for the rule of law. Domestic rule of law is complemented by its external dimension, the duty to respect international law and, for EU member states, supranational law. For the World Jurist Association, the realization of the Rule of Law has been the central concern since its founding more than 60 years ago. Its biennial world congresses, which bring together leading figures from politics, the judiciary and academia under the presidency of Javier Cremades, focus on the universal importance of the rule of law, which experts from numerous countries discuss on the basis of current problem areas. At the 2021 World Law Congress in Barranquilla, Colombia, one central topic was the tension between combating pandemics and the rule of law. The contributions gathered here examine how this challenge was met in political-legal practice, and the role of constitutional jurisdiction in the process. They analyze and evaluate the legal situation in numerous countries in Europe and Latin America. In addition, they reflect on fundamental issues, such as the concept of the rule of law, its relationship to democracy, its universal character and its implementation via jurisprudence.

Author: Carlos Manuel Ayala Corao
Publisher:
ISBN:
Category :
Languages : en
Pages :

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Book Description
This article analyses the challenges that the pandemic caused by Covid-19 has presented for the rule of law, democracy, and human rights. The States have faced this pandemic, issuing states of emergency of various kinds, with extraordinary measures that include stay-at-home orders, social distancing, and the quarantine of people. These restrictive measures have affected, among others, the exercise of rights of public assembly and demonstrations and the holding of elections. Furthermore, the normal functioning of the controls of the legislative and judicial powers has been affected. The measures adopted have also highlighted the need to guarantee equal access to public health and to give differential treatment to certain vulnerable groups. All the extraordinary measures to face the pandemic must be within the Constitution and international law.

Author: Joelle Grogan
Publisher: Routledge
ISBN: 1000582132
Category : Law
Languages : en
Pages : 370

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Book Description
The COVID-19 pandemic not only ravaged human bodies but also had profound and possibly enduring effects on the health of political and legal systems, economies and societies. Almost overnight, governments imposed the severest restrictions in modern times on rights and freedoms, elections, parliaments and courts. Legal and political institutions struggled to adapt, creating a catalyst for democratic decline and catastrophic increases in poverty and inequality. This handbook analyses the global pandemic response through five themes: governance and democracy; human rights; the rule of law; science, public trust and decision making; and states of emergency and exception. Containing 12 thematic commentaries and 25 chapters on countries of diverse size, wealth and experience of COVID-19, it represents the combined effort of more than 50 contributors, including leading scholars and rising voices in the fields of constitutional, international, public health, human rights and comparative law, as well as political science, and science and technology studies. Taking stock after the onset of global emergency, this book provides essential analysis for politicians, policy-makers, jurists, civil society organisations, academics, students and practitioners at both national and international level on the best, and most concerning, practices adopted in response to COVID-19 – and key insights into how states and multilateral institutions should reform, adapt and prepare for future emergencies.

Author: David Cowan
Publisher: Policy Press
ISBN: 1529218926
Category : Law
Languages : en
Pages : 232

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Book Description
This important text maps out ways in which the disadvantaged have been affected by legal responses to COVID-19. Contributors tackle issues including virtual trials, adult social care, racism, tax and spending, education and more. Offering an account of the damage, this book demonstrates positive and productive future responses.

Author: Ebenezer Durojaye
Publisher: Springer Nature
ISBN: 3031064011
Category : Political Science
Languages : en
Pages : 411

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Book Description
This book explores the resilience of constitutional government in the wake of the COVID-19 pandemic, connecting and comparing perspectives from ten countries in sub-Saharan Africa to global trends. In emergency situations, such as the COVID-19 pandemic, a state has the right and duty under both international law and domestic constitutional law to take appropriate steps to protect the health and security of its population. Emergency regimes may allow for the suspension or limitation of normal constitutional government and even human rights. Those measures are not a license for authoritarian rule, but they must conform to legal standards of necessity, reasonableness, and proportionality that limit state action in ways appropriate to the maintenance of the rule of law in the context of a public health emergency. Bringing together established and emerging African scholars from ten countries, this book looks at the impact government emergency responses to the pandemic have on the functions of the executive, the legislature, and the judiciary, as well as the protection of human rights. It also considers whether and to what extent government emergency responses were consistent with international human rights law, in particular with the standards of legality, necessity, proportionality, and non-discrimination in the Siracusa Principles.

Author: Paul Diller
Publisher: Aspen Publishing
ISBN:
Category : Law
Languages : en
Pages : 465

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Book Description
This textbook surveys the major legal issues emanating from the policy responses to Covid-19 in the United States, with an emphasis on federalism, administrative law, and state and local government. The Covid-19 pandemic led to unprecedented policy responses from the various levels and organs of government in the United States, as well as from private parties. Business, school, and church closures, mask mandates, employer and university vaccine mandates, vaccine passports to visit movie theaters and restaurants — this panoply of responses changed the world many of us lived in and led to widespread and hotly contested litigation in America’s federal and state courts. In the first and only text of its kind, with carefully chosen case excerpts and summary information, The Law of Covid-19 highlights the key legal issues contested throughout the pandemic. Whether as a retrospective on what Covid wrought, a primer for future pandemics, or a supplement to a more general public health course, this text will help prepare you and your students for a world that will never be the same. Key Features: The Law of Covid-19 (“LC-19”) features carefully chosen and edited cases about public health authority at the federal and state levels. LC-19 focuses on the use of emergency authority by governors and mayors, including its impact on public employment and civil rights. LC-19 includes information on the federal and state health bureaucracies, including detailed recounting of the authorization and approval of the Covid-19 vaccines and boosters. Professors and students will benefit from: Organized discussion of the relevant sources of emergency and administrative authority at the federal and state levels. Thought-provoking questions and case notes that situate the relevant legal issues within the larger social and political context. A willingness to consider multiple perspectives, including those questioning whether the policy and legal response to Covid-19 may have been too draconian.

Author: Franz Schwarz
Publisher: Kluwer Law International B.V.
ISBN: 9403526343
Category : Law
Languages : en
Pages : 610

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Book Description
As the COVID-19 pandemic continues to take its toll, contractual parties have frequently faced significant obstacles in performing their contractual obligations due to unexpected impediments arising from the pandemic and government measures taken in response. This indispensable book – the most comprehensive comparative examination of the impact of the COVID-19 pandemic on contractual performance – discusses the legal provisions and doctrines available to address these issues. The book examines under what circumstances COVID-19-related impediments may excuse contractual performance or lead to modification or termination of the affected contractual obligations in twelve representative civil and common law jurisdictions – the United States, England and Wales, Singapore, Brazil, Germany, France, Switzerland, Austria, Hong Kong, Costa Rica, China, and Russia. For each country, the book examines the following aspects in depth: the relevant fundamental legal principles; the various legal emergency valves available to an obligor to respond to COVID-19-related events; any remedies available to the obligee; selected examples for specific government measures related to particular types of contracts (e.g., construction, employment, lease agreements); and how the legal framework applies in typical factual scenarios. As further legal and factual developments occur, and with further jurisdictions being added, this publication will continue to be updated both online and in print. The book provides a detailed explanation under what conditions the emergency valves specific to each jurisdiction may apply. It cuts through the seeming complexity of the various legal rules and doctrines in these jurisdictions and shows that they often produce similar results in practice. The book thus opens up a wealth of insights for businesses, practitioners, and academics around the globe by providing an easily accessible analytical framework across key jurisdictions and typical factual scenarios. ‘Definitely mandatory reading for practitioners and academics alike!’ –Klaus Peter Berger, University of Cologne ‘Everyone who has had or is likely to have a brush with a COVID-19-induced legal issue would be well advised to keep this book within arm’s reach.’ – Davinder Singh, Davinder Singh Chambers LLC, Singapore ‘The “holy book” for all those lawyers whose clients become ensnared in the rising attempts to fix legal liability midst the rampant COVID-19.’ – Charles Brower, Twenty Essex, London

Author: Adnan Trakic
Publisher: Walter de Gruyter GmbH & Co KG
ISBN: 3110723697
Category : Business & Economics
Languages : en
Pages : 195

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Book Description
The COVID-19 pandemic has had extraordinary effects on human lives and economies around the world. Many countries have introduced various measures to stop the spread of the virus and preserve human lives and livelihoods. Some commentators have considered these measures extreme, such as the restrictions imposed on people’s movement and lockdown of countries’ borders. While these measures have undoubtedly saved lives and curbed the spread of the deadly virus, they have also produced some unintended legal implications for individuals and businesses, particularly in the areas of contractual obligations, employment relationships, tourism and hospitality, company law, competition law, human rights and the rule of law, protection of vulnerable groups like migrant workers, and access to judicial and legal services. COVID-19 and Business Law: Legal Implications of a Global Pandemic identifies and discusses specific legal challenges caused by the COVID-19 pandemic in these areas and suggests possible ways in which they could be remedied.

Author: Darrell M. West
Publisher: Brookings Institution Press
ISBN: 0815736924
Category : Political Science
Languages : en
Pages : 238

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Book Description
Why are Americans so angry with each other? The United States is caught in a partisan hyperconflict that divides politicians, communities—and even families. Politicians from the president to state and local office-holders play to strongly-held beliefs and sometimes even pour fuel on the resulting inferno. This polarization has become so intense that many people no longer trust anyone from a differing perspective. Drawing on his personal story of growing up as a fundamentalist Christian on a dairy farm in rural Ohio, then as an academic in the heart of the liberal East Coast establishment, Darrell West analyzes the economic, cultural, and political aspects of polarization. He takes advantage of his experiences inside both conservative and liberal camps to explain the views of each side and offer insights into why each is angry with the other. West argues that societal tensions have metastasized into a dangerous tribalism that seriously threatens U.S. democracy. Unless people can bridge these divisions and forge a new path forward, it will be impossible to work together, maintain a functioning democracy, and solve the country's pressing policy problems.

Author: Kostas Chrysogonos
Publisher: Springer Nature
ISBN: 3031139011
Category : Law
Languages : en
Pages : 181

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Book Description
This book, one of the first of its kind, explores the impact of the COVID-19 pandemic on modern Western democracies from a comparative constitutional law and policy perspective. Through 11 scholarly contributions, it tackles cutting-edge topics for the liberal state, such as emergency legislation, judicial scrutiny of COVID-19 measures, parliamentarism and executive decision-making during the pandemic. The book examines these topics both from a microscopic national constitutional angle, with a focus on European states, and from a macroscopic regional and comparative angle, on par with the American example. The COVID-19 pandemic is thus treated as an international state of emergency that has enabled far-reaching restrictions on essential human rights, such as freedom of movement, freedom of religion or even major political rights, while giving rise to the ‘administrative state.’ This edited volume explores each of these pressing themes in this exceptional context and evaluates different liberal states’ responses to the pandemic. Were these responses reasonable, effective and democratic? Or is the COVID-19 pandemic just the beginning of a new era of global democratic backsliding? How can liberal democracies manage similar crises in future? What lessons have we learned? The institutional knowledge gained turns out to be the key for the future of the rule of law.